Incoming Human Rights Commissioner Resigns Before Taking Office

Canada’s newly appointed human rights commissioner, Birju Dattani, has resigned before officially assuming his role, according to a LinkedIn post he shared.

Dattani took leave last week, just a day before his official start, after facing complaints regarding past comments and actions that were labeled antisemitic by the Centre for Israel and Jewish Affairs (CIJA).

On Monday, Dattani reiterated his support for the Commission’s work, stating on LinkedIn, “I remain a steadfast believer in the Commission’s work, mandate, and its importance to our democracy.”

These complaints led to a fact-finding investigation launched by Justice Minister Arif Virani and conducted by the firm Filion Wakely Angeletti LLP. The firm submitted its report to Virani on July 31.

“The findings speak for themselves,” Virani stated in a media release. “I received Mr. Dattani’s response to the report on August 1, 2024. I have accepted his decision to step down as Chief Commissioner. Maintaining the confidence of all Canadians in the Canadian Human Rights Commission remains my top priority.”

Virani also mentioned that the search for a new commissioner will commence promptly, with interim commissioner Charlotte-Anne Malischewski continuing in the role for now.

When asked whether Dattani was compensated during his leave or received a severance package after resigning, Virani’s press secretary, Chantalle Aubertin, responded with “no comment.”

The Centre for Israel and Jewish Affairs (CIJA) revealed that Birju Dattani had used the name “Mujahid Dattani” in some of his online activities and speaking engagements, a name that was not included in the initial background check conducted by the Privy Council Office (PCO).

The report findings indicated that “on a balance of probabilities and based on the totality of evidence,” Dattani failed to disclose the name Mujahid Dattani in his background check forms and also omitted periods of unemployment.

The report did not offer a recommendation on whether Dattani should remain as human rights commissioner. However, it found no evidence that Dattani is antisemitic.

“Based on Mr. Dattani’s evidence, the scholarship that was reviewed and provided, we cannot find that Mr. Dattani harbored or harbors any beliefs that would be characterized as antisemitic or that he has demonstrated any biases (conscious or unconscious) towards Jews or Israelis,” stated a portion of the report that Dattani cited in his August 1 letter to Justice Minister Arif Virani.

Another excerpt cited by Dattani mentioned that he possesses a “high degree of self-awareness and sensitivity” concerning the challenges faced by Canadian Jews.

Deputy Conservative leader Melissa Lantsman took to X (formerly Twitter) to call for an investigation into Dattani’s hiring process.

“A welcomed announcement — one that was made way too late. Antisemites should hold no position in Canada’s government — especially one entrusted with safeguarding Canadians’ rights and freedoms, including the right to worship and the right to free speech,” Lantsman stated.

Richard Marceau, CIJA’s vice-president of external affairs and general counsel, expressed approval of Dattani’s resignation.

“The Jewish community had lost confidence in him to occupy that position, which is so important at this period where we’re seeing sky-high levels of antisemitism,” Marceau told CBC News. “It was the right thing to do.”

Other Jewish advocacy groups, including B’nai Brith Canada and Friends of Simon Wiesenthal Centre, also welcomed Dattani’s resignation.

The National Council of Canadian Muslims (NCCM) is still reviewing the report.